Are you a federal employee concerned about the fault of an injury while on the job? When federal employees get hurt on the job, their rights and benefits come under the Federal Employees’ Compensation Act (FECA). This is a very different system from what employees in the private sector deal with after an accident at work. FECA provides crucial support and benefits, including compensation for lost wages, coverage for medical expenses, and, in some cases, vocational rehabilitation.
Workers’ compensation under FECA is slow and confusing. As a result, injured federal employees often do not get the help they need. Let’s break down what federal workers need to know.
What if I’m At Fault?
It does not matter if you are at fault for your injury…most of the time. If you’re suffering from an injury caused by an accident, or developed an illness over time, such as repetitive stress injuries or exposure to harmful substances, FECA is supposed to help federal workers get better and back to work and pay them while they are out. Now, if you tried to hurt yourself, were involved in misconduct, or under the influence of alcohol or drugs when you had your accident then you might not be covered. Never assume that, though. Speak to a lawyer who knows FECA law.
What is Needed to File a FECA Claim?
For your FECA claim to be accepted, you must show that: 1) it was filed on time; 2) you are a federal civil employee; 3) you were injured; 4) you were injured while in the performance of duty, or in other words, while you were working; and 5) your injury was caused by your accident or work. The last part seems pretty simple but is actually the part that stalls most FECA claims. Your doctor must give a “pathophysiological” explanation of how your injury is related to a work accident or duties. If your FECA claim is stalled because the Claims Examiner is not satisfied with your doctor’s explanation, you might need to speak to an attorney.
How Do I Apply for Benefits Under FECA?
Applying for benefits under FECA starts with the proper form, typically a CA-1, CA-2, or CA-2a.
Which form to use depends on the type of injury that you are claiming. If the claim is filed within 30 days of the accident or injury then you may be entitled to up to 45 days of continuation of pay. While you can file a CA-1 or CA-2 as late as 3 years after your accident or injury and it still be considered on time, the longer you wait to file the more doubt the claims examiner might give it.
Your Employing Agency should send the completed form to the Office of Workers’ Compensation Programs (OWCP) within ten working days. OWCP will conduct an investigation to determine if you are eligible for benefits. If your claim is approved, you will receive benefits; however, if your benefits have been denied, you have several ways to appeal. Each appeal method has its own benefits, risks and deadlines. You should also consult with an attorney to determine which method is best for your case.
When Should I Call a Lawyer for my FECA Claim?
If you think that you might need a lawyer to help you with your FECA Claim, then chances are that you probably do. Don’t wait before it is too late, and the Claims Examiner has already gained an advantage.
Sarphie Law offers a wealth of knowledge and strategy to help make sure that you get all of the benefits from your FECA Claim that you need.
We offer a free ECOMP claim evaluation to help you understand your FECA claim. If you’re ready for a thorough assessment of your claim, contact us today.